Rosnida Rosnida
Universitas Sembilanbelas November Kolaka

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Legal Protection of Health Workers in Emergency Medical Procedures: An Analysis of Legal Certainty in Indonesia and Thailand Rosnida Rosnida; Muhamad Aksan Akbar; Muhammad As Ari. AM; Irabiah Irabiah; Yeni Haerani; Patma Sari
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.12818

Abstract

This study examines the legal certainty afforded to healthcare workers in performing emergency medical procedures in Indonesia and compares it with the legal protection framework implemented in Thailand. The urgency of this research arises from the increasing criminalization and malpractice claims faced by healthcare workers acting in good faith under high-risk and time-sensitive emergency conditions. Using a normative juridical method that incorporates statutory, conceptual, case, and comparative approaches, this study analyzes Law Number 17 of 2023 on Health in conjunction with Thailand’s Emergency Medical Act and the application of the Good Samaritan principle. The findings reveal that although Indonesian law normatively recognizes legal protection for healthcare workers, its implementation remains weak due to the absence of technical guidelines, inconsistent law enforcement practices, and the limited role of professional medical institutions in the early stages of legal proceedings. In contrast, Thailand provides more effective legal certainty through explicit statutory immunity, integrated institutional support, and a restorative legal approach toward emergency medical practice. The novelty of this study lies in its comparative analysis, demonstrating that Thailand’s qualified immunity model may serve as a normative and institutional reference for strengthening legal protection for healthcare workers in Indonesia, particularly in emergency medical contexts. This study contributes to the development of health law by offering policy-oriented recommendations to enhance legal certainty, professional security, and patient safety.
Krisis Sunyi Diskriminasi di Kalangan Tenaga Kesehatan: Ketimpangan yang Menggerus Mutu Pelayanan Publik Rosnida Rosnida; Riezka Eka Mayasari; Hartati S
Jurnal Ventilator Vol. 4 No. 1 (2026): Jurnal Ventilator
Publisher : Stikes Kesdam IV/Diponegoro Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59680/ventilator.v4i1.2407

Abstract

Discrimination among healthcare workers is a serious problem that not only impacts individual healthcare workers but also has implications for the quality of public health services. This study aims to analyze discriminatory practices occurring in the healthcare workforce and assess their compliance with the principles of equality and legal protection in the Indonesian legal system. The research method used is normative legal research with a statutory and conceptual approach, through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 36 of 2014 concerning Healthcare Workers, and Law Number 25 of 2009 concerning Public Services. The results of the study indicate that discrimination in the form of unequal treatment at work, differences in rights based on employment status, and limited access to facilities and professional opportunities contradict the principle of equality before the law and violate human rights provisions. Therefore, strengthening legal protection mechanisms, more effective institutional oversight, and firm policies are needed to prevent discrimination. These efforts are crucial for creating a fair and professional working environment for healthcare workers, while simultaneously improving the quality of healthcare services as a fundamental human right.